Protection of Philippine Cultural Heritage Law

Policy, purpose, guiding approach

Section 2 declares State policy to foster the preservation, enrichment, and dynamic evolution of Filipino culture based on the unity in diversity principle and the climate of free artistic and intellectual expression under the 1987 Constitution.
The State must conserve, develop, promote, and popularize the nation’s historical and cultural heritage and resources, treating all artistic and historic wealth as the nation’s cultural treasure protected by the State and subject to regulation of disposition (Section 2).
The Act pursues objectives to protect cultural heritage and community ethnicity, establish and strengthen cultural institutions, and protect cultural workers for professional development and well-being (Section 2).
Conservation must be approached in an integrated and holistic manner, cutting across relevant disciplines and technologies, and administered as stewardship for inspiration and benefit of present and future generations (Section 2).

Core definitions and classifications

Section 3 defines key terms, including “Adaptive reuse,” “Anthropological area,” “Antique,” “Archaeological area,” “Archives,” “Built heritage,” “Collector,” and “Dealers.”
The Act defines “Commission” as the National Commission for Culture and the Arts (NCCA) (Section 3[h]).
The Act defines conservation concepts such as “Conservation,” “Heritage zone,” “Restoration,” and “Tangible cultural property” (Section 3).
The Act defines heritage landmarks and designations such as “Heritage zone,” “Historical landmarks,” “Historical monuments,” “Historical shrines,” and “Historical street name” (Section 3).
The Act recognizes categories of cultural property: national cultural treasures; important cultural property; world heritage sites; national historical shrine; national historical monument; and national historical landmark (Section 4).
Section 5 establishes a presumption of important cultural property for specified classes of works and materials, unless declared otherwise by the pertinent cultural agency, including works by a Manlilikha ng Bayan; works by a National Artist; archaeological and traditional ethnographic materials; works of national heroes; marked structure; structures dating at least fifty (50) years old; and archival material/document dating at least fifty (50) years old (Section 5).
The Act defines “World heritage sites” through coordinated conservation and management with the UNESCO National Commission of the Philippines (Section 6).

Categories, privileges, and declarations

Section 7 grants privileges for cultural properties declared as national cultural treasures and national historical landmarks, sites or monuments, including priority government funding for protection, conservation, and restoration; and an incentive for private support through the Commission’s Conservation Incentive Program for national cultural treasures.
Section 7 requires the placement of an official heritage marker by the cultural agency concerned identifying immovable cultural property as national cultural treasures and/or national historical landmarks, sites or monuments.
Section 7 provides that in times of armed conflict, natural disasters, and other exceptional events endangering cultural heritage, the government must give priority protection to national cultural treasures and national historical landmarks, sites or monuments.
Section 7 also permits important cultural property to receive government funding for protection, conservation, and restoration, and requires placement of an official heritage marker for immovable important cultural property.
Section 8 requires a petition-based process for declaration or delisting of national cultural treasures or important cultural property, beginning with a petition filed with the Commission, which refers the matter to the appropriate cultural agency.
Section 8 sets hearing and submissions timelines: stakeholders may support or oppose; the owner and/or stakeholders must file a position paper within fifteen (15) days from receipt of notice (extensions allowed but not exceeding more than thirty (30) days); and the petitioner/stakeholder must answer within fifteen (15) days upon receipt of position papers.
Section 8 bars further submissions after the answers and requires the appropriate cultural agency to decide within a maximum of ninety (90) days from the deadline of submission of all answers.
Section 9 grants the appropriate cultural agency a right of first refusal in the purchase of cultural properties declared as national cultural property, including the power to match any offer prior to finality of sale.

Registration, conservation, and cultural agreements

Section 14 establishes that all cultural properties deemed important to cultural heritage must be registered in the Philippine Registry of Cultural Property.
Section 14 requires the Commission, through appropriate cultural agencies and local government units, to establish and maintain the Registry within three (3) years from Act effectivity.
Cultural agencies must individually maintain an inventory, evaluation, and documentation of cultural properties by category and submit these to the Commission (Section 14).
For immovable cultural property, the appropriate cultural agency must notify the Registry of Deeds for annotation on land titles after registration (Section 14).
Local government units must maintain inventories of cultural property under jurisdiction and furnish a copy to the Commission (Section 14).
Government agencies and instrumentalities, government-owned and/or -controlled corporations and subsidiaries, including educational institutions, must report ownership/possession and register within three (3) years from Act effectivity (Section 14).
Private collectors and owners must register within three (3) years from effectivity; registration does not divest them of possession or ownership (Section 14).
Information on registered cultural properties owned by private individuals must remain confidential and may be given only upon prior consent of the private owner; the Commission operates the Registry in the NCCA Portal Cultural Databank (Section 14).
Section 15 requires that all conservation intervention works and measures on national cultural treasures, important cultural property, national historical landmarks/sites/monuments, and structures marked before implementation must be undertaken through the appropriate cultural agency, which supervises conservation efforts.
Section 15 requires the appropriate cultural agency to approve only methods and materials that strictly adhere to accepted international standards of conservation.
Section 18 allows the Commission, upon advice of the concerned cultural agency, to enter into heritage agreements with private owners, in the form of a contract that may cover public access, encumbrance value, duration of servitude, restrictions on acts near the place, maintenance and management, financial assistance, and dispute resolution.
Section 18 mandates that such agreements be annotated in the land title to bind future owners/occupants of the immovable cultural property.

Export, dealing, and heritage zones

Section 11 prohibits selling, reselling, or taking cultural property out of the country without first securing clearance from the concerned cultural agency; taking out of the country is allowed only for scientific scrutiny or exhibit (Section 11).
Section 10 requires all dealers of cultural property to secure a license to operate from the appropriate cultural agency and to submit a quarterly inventory including the history of each item.
Section 10 provides that failure to submit two (2) consecutive inventories is a ground for cancellation of the dealer’s license.
Section 10 subjects dealers to inspection by concerned cultural agencies.
Section 10 authorizes cultural agencies to charge and collect fees for registration, licenses, inspections, certifications, authorizations, and permits they issue; funds generated are retained by the cultural agency for its operations.
Section 23 requires anyone exporting cultural property registered in the Philippine Registry to secure authorization from the Commission through the appropriate cultural agency and to submit an export permit application thirty (30) days before intended export.
Section 23 mandates export permit application content: temporary export purpose; export date; repatriation date; description of the cultural property; and inventory in the Philippine Registry of Cultural Property.
Section 23 provides export permit grant conditions: export must be temporary, and export must be necessary for scientific scrutiny or exhibit.
Section 24 provides that if cultural property registered in the Philippine Registry is illicitly exported, the Department of Foreign Affairs shall claim the right of repatriation upon recommendation of the appropriate cultural agency, with compensation and costs carried by the Philippine government.
Section 24 allows the Philippines to conclude international treaties for import and repatriation, conditioned on cultural property of significant importance to the contracting states, coverage under existing export policies for cultural heritage protection, and reciprocal rights.
Section 12 requires the National Historical Institute and the National Museum to designate heritage zones to protect historical and cultural integrity of geographical areas, in consultation with the Commission and the Housing and Land Use Regulatory Board or other concerned agencies.
Section 13 requires local government units to maintain heritage zones by implementing adaptive reuse, preserving street/park/monument/building/waterways/canals/paths/barangay appearance as close as possible to its appearance at the time the area was of most importance to Philippine history as determined by the National Historical Institute, and documenting and sustaining sociocultural practices including traditional celebrations and reenactments.
Section 13 imposes responsibility on local government units to maintain the heritage zone in line with the specified guidelines.

Powers for enforcement and regulation

Section 25 authorizes the appropriate cultural agency to issue a Cease and Desist Order ex parte when physical integrity of national cultural treasures or important cultural properties is in danger of destruction or significant alteration.
Section 25 requires the local government unit with jurisdiction to report immediately upon discovery and promptly adopt measures to secure integrity of immovable cultural property.
Section 25 requires notice to the owner or occupant and a hearing on propriety of the Cease and Desist Order, and provides that suspension is lifted only upon written authority after due notice and hearing.
Section 26 authorizes a Compulsory Repair Order for privately-owned heritage sites that owners cannot maintain or where disrepair due to neglect is severe enough to lose conservation potential.
Section 26 requires owners to comply within thirty (30) to forty-five (45) days, after which repairs may be undertaken by the appropriate cultural agency funded by the Commission for the account of the owner.
Section 27 grants visitorial powers: cultural agencies through the Commission may inspect national cultural treasures, important cultural properties, and national historical landmarks/sites/monuments at any time to ensure protection and integrity.
Section 27 requires prior written consent of the owner for inspection of private collections or objects that may be categorized as cultural property.
Section 28 authorizes the Commission and cultural agencies to deputize specified law enforcement bodies (including the Philippine National Police, National Bureau of Investigation, Armed Forces of the Philippines, Philippine Coast Guard, and others) to enforce the Act and implementing rules and regulations.
Section 28 requires deputized agencies to immediately detail personnel to protect cultural items under the National Registry, and penalizes failure to follow the deputization order under Section 49.
Section 29 empowers the Commission to recover or retrieve cultural properties under custody of foreign nationals or entities and bring them back to Philippine custody.

Archaeology, mining restrictions, and discovery procedure

Section 30 provides that the National Museum regulates cultural/archaeological/anthropological matters, while the National Historical Institute regulates historical anthropological matters.
Section 30 mandates that all anthropological research by foreigners and all archaeological excavation or exploration are regulated and controlled by the National Museum or National Historical Institute.
Section 30 establishes ownership rule that all cultural properties found in terrestrial and/or underwater archaeological sites belong to the State.
Section 30 prohibits terrestrial and/or underwater archaeological explorations and excavations for obtaining culturally valuable materials and data without written authority and direct site supervision by archaeologists and/or representatives of the National Museum.
Section 30 limits anthropological research by a foreign national to authority and supervision of the National Museum or National Historical Institute; anthropological research by Philippine nationals, especially indigenous community members, must be encouraged.
Section 30 allows archaeologic or anthropologic materials presumed important cultural property to leave the country only upon proper evaluation and written permission of the National Museum or National Historical Institute.
Section 30 places caves, rock shelters, and their vicinities under direct jurisdiction and supervision of archaeologists/experts of the National Museum, including those used in prehistoric past for habitation, religious/sacred, or burial purposes.
Section 30 requires mining activities inside caves, rock shelters, and similar areas to have a written permit and clearance from the National Museum, with prior inspection by National Museum representatives funded by the company applying for a mining right to ensure no archaeological materials are present and destroyed.
Section 30 prohibits excavations in caves, rock shelters, and similar areas by laymen; all earth-moving activities there require proper permit and clearance from the National Museum and monitoring by its representatives.
Section 30 provides that treasure hunting permits and licenses are issued by the National Museum, which must formulate rules and regulations to adequately control, regulate, and monitor applicants.
Section 30 provides that provisions on explorations and excavations of terrestrial and underwater archaeological sites supersede local, municipal, regional, and autonomous regional resolutions and ordinances.
Section 30 requires that when any cultural or historical property is discovered, the National Museum or National Historical Institute must immediately suspend activities affecting the site and immediately notify the local government unit having jurisdiction.
Section 30 requires the local government to promptly adopt measures to protect and safeguard integrity and to report within five (5) days; suspension is lifted only with written authority of the National Museum or National Historical Institute and only after systematic recovery of archaeological materials.
Section 30 directs the Commission, upon recommendation of the appropriate cultural agency, to provide incentives for persons who discover and report heretofore unknown archaeological sites, under implementing rules.
Section 30 requires any government or nongovernment infrastructure project or architectural site development to include anthropological, archaeological, historical, and heritage site conservation concerns in the Environmental Impact Assessment System.

Cultural education and accessibility

Section 38 requires the Department of Education, within one (1) year from effectivity and in coordination with the Commission’s Philippine Cultural Education Program, to formulate cultural heritage education programs for formal, alternative, and informal education for local and overseas Filipinos, emphasizing protection, conservation, and preservation of cultural heritage property.
Section 38 requires incorporation of the Philippine Registry of Cultural Property into formal, alternative, and informal education by provincial and local governments.
Section 39 requires the Department of Education, TESDA, and CHED, within one (1) year from effectivity and in consultation with the Commission, to set teaching programs nationwide at least at provincial, city, and municipal levels covering:
- Protection, conservation, and preservation of cultural heritage properties;
- Instructional materials in print, film, and broadcast media on cultural and historical significance of cultural properties; and
- Visitation, public accessibility, and information dissemination on designated local cultural properties.
Section 40 requires access to national historical landmarks, monuments, and sites for public visitation and information, and for government representatives for inspection, and provides that access must not be hindered except on reasonable cause.
Section 40 permits cultural agencies to prescribe fees in appropriate cases to defray conservation costs, including general maintenance and upkeep.
Section 40 provides that for privately-owned monuments and sites, the National Historical Institute or National Museum must arrange visit schedules and regular inspection with the owners.

Cultural workers incentives; scholars, merit systems

Section 41 directs national cultural agencies, in coordination with the Commission on Higher Education, to initiate scholarships, educational training programs, and other measures to protect the well-being of curators, conservators, authenticators, cultural researchers or educators, historians, librarians, archivists, and valuators/appraisers of cultural property.
Section 41 provides that cultural workers receive grants, incentives, and scholarships upon endorsement by the head of the appropriate cultural agency.
Section 41 requires the Commission, within ninety (90) days from effectivity, to come up with:
- An active roster of authenticators and valuators/appraisers;
- An education and training plan for conservators, authenticators, valuators/appraisers and other conservation-related workers; and
- A general training plan on conservation for local government units.
Section 41 provides that cultural heritage workers in the civil service with a doctorate, master of science, or master of arts degree in fields related to cultural heritage promotion and conservation receive rank and benefits of scientists subject to qualifying standards equivalent to the scientific career merit system.
Section 41 provides eligibility under Republic Act No. 8439 (Magna Carta for Scientists, Engineers, Researchers and Other S & T Personnel in the Government) for cultural heritage workers involved in science and technology in government agencies, and directs establishment of a merit award system for non-civil service cultural heritage workers.

Sentro Rizal; overseas promotion

Section 42 creates and establishes Sentro Rizal to promote Philippine arts, culture, and language throughout the world.
Section 43 requires overseas branches or offices in countries where there are children of overseas Filipino workers needing education about their roots and in developed countries with large Filipino communities.
Section 43 mandates that Sentro Rizal offices/branches serve as repositories of Philippine arts, culture, and language materials and make them available to the public, both Filipino and foreign, including books, digital video discs, compact discs, films, magazines, artworks, tourism promotion materials, and information materials.
Section 44 requires Sentro Rizal to coordinate and supervise Philippine schools for Filipino children overseas.
Section 45 requires Sentro Rizal to offer Filipino language courses for children and adults, and provide exhibits, small concerts, poetry reading, and Philippine cuisine lessons in all branches.
Section 46 requires the Department of Tourism and specified agencies to provide tourism promotion materials to Sentro Rizal overseas branches, and the Department of Trade and Industry to provide trade and investments materials.
Section 47 appropriates PHP 100,000,000.00 to carry out the Act, to be generated from available sources in the National Treasury.

Incentives and funding programs

Section 35 exempts from donor’s tax all donations in any form to the Commission and its affiliated cultural agencies and treats such donations as allowable deductions from gross income for the donor’s income tax computation under the National Internal Revenue Code of 1997, as amended.
Section 36 authorizes the Commission to provide financial assistance as grants to historic, archaeological, architectural, artistic organizations for conservation or research on cultural property, and provides that no grant under the Act is treated as taxable income.
Section 37 requires the Commission to establish an annual conservation recognition program giving monetary prizes, awards, and citations by the President of the Philippines upon the Commission’s recommendation for special achievements and contributions to heritage preservation and conservation efforts.
Section 50 creates a National Endowment for Culture and the Arts funded by a minimum of PHP 100,000,000.00 per year for five (5) years, with total contribution of PHP 500,000,000.00, contributed by the Philippine Amusement and Gaming Corporation (PAGCOR) and/or General Appropriations, deposited in a special account in the Bureau of Treasury earmarked for culture and the arts.

Prohibited acts and criminal penalties

Section 48 prohibits intentional acts, unless punishable by a higher penalty under another provision of law, including:
- Destroying, demolishing, mutilating, or damaging any world heritage site, national cultural treasures, important cultural property, and archaeological and anthropological sites;
- Modifying or altering original features or undertaking construction/real estate development in any national shrine, monument, landmark, and other historic edifices and structures declared, classified, and marked by the National Historical Institute without prior written permission from the Commission, including changes affecting a security/buffer zone extending five (5) meters from the visible perimeter;
- Exploring, excavating, or undertaking diggings for obtaining culturally valuable materials without prior written authority from the National Museum, and prohibits diggings without supervision of a certified archaeologist;
- Appropriating excavation finds contrary to the New Civil Code and other pertinent laws;
- Importing, selling, distributing, procuring, acquiring, or exporting cultural property stolen or otherwise lost against the will of the lawful owner;
- Illicitly exporting cultural property listed in the Philippine Registry of Cultural Property or cultural property that may be categorized as such upon visitation or incorrectly declaring it during transit; and
- Dealing in cultural property without proper registration and license issued by the cultural agency concerned.
Section 49 imposes, upon conviction, a fine of not less than PHP 200,000.00 or imprisonment of not less than ten (10) years, or both, at the discretion of the court.
Section 49 provides mandatory summarily confiscation and forfeiture in favor of the Commission of any cultural property attempted to be concealed from registration or intended to be encumbered or excavated in violation of the Act.
Section 49 provides corporate liability: if committed by a juridical person, the president, manager, representative, director, agent, or employee responsible for the act is also liable for the penalties.
Section 49 provides dealer liability: if acts are committed by dealers, the penalties include automatic revocation of their license to operate.
Section 49 provides alien liability: if the offender is an alien, he/she is placed under custody of the Bureau of Immigration for appropriate proceedings and is summarily deported after serving sentence.
Section 49 provides penalties for failure to follow deputization orders: department heads, commissions, bureaus, agencies, offices, and their officers/agents who intentionally failed to perform required duty under the deputization order in Section 28 are liable for nonfeasance and penalized under applicable laws.
Section 49 provides a specific fine for nonregistration offenses under Section 14 when nonregistration occurs upon or after proper notification: fine of not less than PHP 10,000.00 but not more than PHP 100,000.00.
Section 49 provides liability for government entities designated in Section 31: heads, officers, and employees are liable for failure to consult and coordinate with the Commission for damage to cultural property resulting from the entity’s program/project, subject to the penalty in the first paragraph of Section 49, and offenders must also pay for repair or rebuilding of what has been damaged.

Implementing rules, repeals, and separability

Section 51 requires the Commission, in consultation with other government agencies mentioned in the Act, to promulgate implementing rules and regulations within ninety (90) days after effectivity.
Section 52 repeals or modifies inconsistent provisions of Republic Act No. 7356, Republic Act No. 8492, Republic Act No. 9072, Republic Act No. 7942, and all other laws, presidential decrees, executive orders, and rules and regulations inconsistent with the Act.
Section 53 provides separability: unconstitutional portions do not nullify other provisions if remaining provisions can still subsist and be given effect.